Edited by: K. Bockstiegel, S. Kroll, Patricia Nacimiento
USD price: $258.00
In a country with a broad international reach, the German business community
has always been—and remains—among the primary users of arbitration. Thus, when
in 1998 Germany adopted with only slight modifications the UNCITRAL Model Law
on Commercial Arbitration for both its international and domestic law, the
stage was set for what promised to be a great proving ground for the Model
Law, as Germany’s courts would have to consider many diverse and complex
issues arising under the new law—decisions that would benefit courts and
practitioners everywhere. Now, this hugely valuable publication provides the
first full, detailed commentary in English on the German arbitration law, as
well as on the rules of the German Institution of Arbitration (DIS).
Thirty-eight leading German lawyers and scholars deal comprehensively with the
particular ways in which German law handles all arbitration matters, including
the following and much more:
extent of court intervention;
right to object;
form of arbitration agreement;
interim measures by court;
appointment of arbitrators;
form and content of award;
effect of arbitral award;
termination of proceedings;
enforcement of award; and
A particularly useful chapter covers the use of the arbitration law in such
specific areas of practice as banking, insurance, construction, maritime, and
intellectual property. With its clear, detailed discussion of the many issues
that can arise in the course of commercial arbitral proceedings, Arbitration
in Germany offers comprehensive guidance to all parties either planning to
arbitrate in Germany or which are already involved in arbitral proceedings or
arbitration-related court proceedings in Germany. In addition, the book will
be an invaluable resource for understanding the Model Law in any of the many
jurisdictions that have adopted that law.
Forewords. Preface. List of Contributing Authors. List of Abbreviations.
Part I. Germany as a Place for International and
Domestic Arbitrations – General Overview; K.-H. Böckstiegel, S.
Kröll, P. Nacimiento.
Part II. Commentary
on the German Arbitration Law (10th Book of the German Code of Civil
Procedure). 1. General Provisions; G. Wagner. 2. Arbitration
Agreement; R. Trittmann, I. Hanefeld, P. Huber, R. Kreindler, J.
Schäfer. 3. Constitution of Arbitral Tribunal; P.
Nacimiento, A. Abt. 4. Jurisdiction of Arbitral Tribunal;
P. Huber, R. Kreindler, J. Schäfer. 5. Conduct of Arbitral
Proceedings; K. Sachs, T. Lörcher. 6. Making of Award and
Termination of Proceedings; B. Friedrich, F. von Schlabrendorff, A. Sessler.
7. Recourse against Award; S. Kröll, P. Kraft. 8.
Recognition and Enforcement of Awards; S. Kröll. 9. Court
Proceedings; H.-P. Schroeder, H. Becker, R. Schartl. 10.
Arbitral Tribunals Not Established by Agreement; U. Haas.
Part III. Commentary on the Arbitration Rules of the German
Institution of Arbitration (DIS Rules); J. Bredow, I. Mulder, S.
Elsing, K.-P. Berger, J. Risse.
Part IV. Selected Areas and Issues
of Arbitration in Germany. Ad Hoc Arbitration in Germany; S. Wilske.
ICC Arbitration in Germany; D. Kühner. Trade Arbitration in
Germany; R. Karstaedt. Maritime Arbitration in Germany; J. Wölper.
Construction Arbitration in Germany; C. Benedict. Arbitration of
Banking and Finance Disputes in Germany; N. Horn. Arbitration of Insurance
Disputes in Germany; H. Labes. Arbitration of Intellectual Property Law
Disputes in Germany; E. Schäfer. Arbitration of Corporate Law
Disputes in Germany; C. Duve. Investment Arbitration and the
Participation of State Parties in Germany; A. Escher, P. Nacimiento, C.
Weissenborn. Enforcement of Decisions Declaring Awards Enforceable in
Germany; S. Rützel, C. Krapfl. Annexes: I. Synopsis on the
UNCITRAL Model Law and the German Arbitration Law. II. German
Arbitration Law prior to 1 January 1998. III. Model Applications. IV
. Bilateral Investment Treaties (BITs) concluded by the Federal Republic of
Germany (as of 12 February 2007). V. German Model Treaty on the
Encouragement and Reciprocal Protection of Investments (2005). VI. List
of Arbitration Related German Court Decisions published in English.